STD Transmission & The Law

Many become victims of sexually transmittable diseases due to the denial or nondisclosure of sexual companions. Though varying from state to state, most states mandate laws that govern these matters. Innocent parties have the right to pursue legal action in civil courts to secure compensation for their injuries. Under certain circumstances, defendants are subject to possible criminal charges. The most commonly litigated STD cases involve herpes and Human Immunodeficiency Virus (HIV).

Herpes (HSV-2)

Herpes Simplex Virus-2 is a sexually transmitted condition responsible for genital herpes. Though the virus may not present visible symptoms, the condition remains contagious. The affliction is not life threatening unless acquired by persons experiencing immune system disorders. The emotional and psychological stigma associated with the virus affects millions of Americans. Antiviral medications and prophylactic devices do not safeguard individuals from contracting or spreading the virus.

HIV

Individuals contract the HIV by coming in direct contact with the blood, semen or vaginal fluids of infected patients. Left untreated, the disease eventually causes devastating deterioration of the immune system, which contributes to complications and the advancement of AIDS and other infections. HIV is a life threatening illness.

Civil and Criminal Charges

Most states have laws governing the protection of rights for individuals who unknowingly acquire an STD. According to civil law, innocent parties pursue lawsuits requesting courts mediate alleged negligent behavior on the part of sexual companions. Under certain circumstances, states use the law to punish those who willfully engage in sexual activity while afflicted with a sexually transmittable disease, seeing them as a threat to society.

Lawsuits

If it can be shown that the infected partner knowingly engaged in sexual activity without disclosing contagious condition(s) to his/her partner, courts can hold him/her liable. Regardless of whether the victim takes proactive approach in asking if the wrongdoer carried an STD or insisted on using safety precautions, courts determine the responsibility of a sexual partner’s health and well-being lies with the infected partner.

Seek Legal Advice

Individuals experiencing the trauma and hardship of unknowingly acquiring a sexually transmittable disease should consult an attorney. As laws vary with circumstances and different states, a qualified STD attorney evaluates circumstances involving a case and advises clients of legal options and rights. We treat clients with dignity and respect and any information obtained remains confidential. Contacting our office by using the form on the left of this page is the first step in gaining compensation for medical expenses, and the pain and suffering involved with unknowingly acquiring a sexually transmitted disease.